Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 485 3
4
By: Senators C. Tucker, Gilmore 5
By: Representatives Gazaway, Dalby 6
7
For An Act To Be Entitled 8
AN ACT TO REDUCE RECIDIVISM; TO AMEND THE LAW 9
CONCERNING THE SUSPENDED IMPOSITION OF A SENTENCE, 10
PROBATION, PAROLE, AND POST -RELEASE SUPERVISION; AND 11
FOR OTHER PURPOSES. 12
13
14
Subtitle 15
TO REDUCE RECIDIVISM; AND TO AMEND THE 16
LAW CONCERNING THE SUSPENDED IMPOSITION 17
OF A SENTENCE, PROBATION, PAROLE, AND 18
POST-RELEASE SUPERVISION. 19
20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
22
SECTION 1. Arkansas Code § 5 -4-101, concerning definitions with 23
respect to the disposition of offenders, is amended to add an additional 24
subdivision to read as follows: 25
(8) "Criminogenic" means factors, identified through current 26
research, that are known to contribute to criminal behavior. 27
28
SECTION 2. Arkansas Code § 5 -4-303(a), concerning the requirements 29
that a court shall attach as conditions of the suspension of a sentence or 30
probation, is amended to read as follows: 31
(a)(1) If a court suspends imposition of sentence on a defendant or 32
places him or her on probation, the court shall attach such conditions as are 33
reasonably necessary to assist the defendant in leading a law -abiding life. 34
(2) Conditions attached by the court shall be: 35
(A) The least restrictive conditions necessary for 36 SB485
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rehabilitation and public safety; and 1
(B) Narrowly tailored to the criminogenic risks and needs 2
of the defendant. 3
(3)(A) If a presentence investigation has been conducted under § 4
5-4-102, the court shall take into consideration the findings of the 5
presentence investigation when determining the conditions of the defendant's 6
probation. 7
(B) If the court does not order a presentence 8
investigation, the court shall rely on all available information before the 9
court in determining the conditions of probation. 10
11
SECTION 3. Arkansas Code § 5 -4-303(c), concerning the requirements 12
that a court may attach as conditions of the suspension of a sentence or 13
probation, is amended to read as follows: 14
(c) If the court suspends imposition of sentence on a defendant or 15
places him or her on probation, as a condition of its order the court may 16
require that the defendant: 17
(1) Support his or her dependents and meet his or her family 18
responsibilities; 19
(2) Undergo available medical or psychiatric treatment and enter 20
and remain in a specified institution when required for medical or 21
psychiatric treatment; 22
(3) Participate in a community -based rehabilitative program or 23
work-release program that uses practices proven to reduce recidivism and for 24
which the court may impose a reasonable fee or assessment on the defendant to 25
be used in support of the community -based rehabilitative program or work -26
release program; 27
(4)(A) Refrain from frequenting an unlawful or designated place 28
or consorting with a designated person . 29
(B) A designated person may be a specific individual or a 30
specific class of persons, but only when reasons for such designation are set 31
forth in the order; 32
(5) Have no firearm in his or her possession; 33
(6) Make restitution to an aggrieved party in an amount the 34
defendant can afford to pay for the actual loss or damage caused by his or 35
her offense; 36 SB485
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(7) Post a bond, with or without surety, conditioned on the 1
performance of a prescribed condition; and 2
(8) Satisfy any other condition reasonably related to the 3
rehabilitation of the defendant and not unduly restrictive of his or her 4
liberty or incompatible with his or her freedom of conscience. 5
6
SECTION 4. Arkansas Code § 5 -4-306 is amended to read as follows: 7
5-4-306. Time period generally. 8
If a court suspends imposition of sentence on a defendant or places him 9
or her on probation, the period of suspension or probation shall be for a 10
definite period of time not to exceed the maximum jail or prison sentence 11
allowable for the offense charged taking into account the recommended periods 12
of suspension or probation as promulgated by the Arkansas Sentencing 13
Commission. 14
15
SECTION 5. Arkansas Code § 12 -27-103(b)(18), concerning the functions, 16
power, and duties of the Division of Correction, is amended to read as 17
follows: 18
(18) The Department of Corrections shall establish the Evidence-19
based Practices and Quality Assurance Unit that conducts programs of 20
research, evaluation, statistics, audit, and planning, including studies and 21
evaluation of the performance of various functions and activities of the 22
department and studies affecting the treatment of offenders and information 23
about other programs; and 24
25
SECTION 6. Arkansas Code § 12 -27-126(d), concerning the duties of the 26
Director of the Division of Community Correction, is amended to read as 27
follows: 28
(d) Subject to the rules, policies, and procedures prescribed by the 29
Board of Corrections, the director shall: 30
(1) Administer the Division of Community Correction and 31
supervise the administration of all facilities, programs, and services under 32
the Division of Community Correction's jurisdiction; 33
(2) Employ such personnel as are required in the administration 34
of the provisions of this act subchapter, provided that the employment of 35
personnel shall be in accordance with the applicable laws and personnel rules 36 SB485
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of the state; 1
(3) Institute programs for the training and development of 2
personnel within the Division of Community Correction and have authority to 3
suspend, discharge, or otherwise discipline personnel in accordance with 4
policies prescribed by the Board of Corrections; 5
(4) Make an annual report to the Board of Corrections, which 6
will be forwarded to the Governor and the General Assembly, on the work of 7
the Division of Community Correction, including statistics and other data, 8
income derived from fee collection, a summary of expenditures of the Division 9
of Community Correction, and progress reports regarding internal issues such 10
as offender success, programming development, bed space utilization, and 11
future needs; and 12
(5) Cooperate with the Division of Correction, the Post -Prison 13
Transfer Board, the Arkansas Sentencing Commission, judicial districts, 14
counties, and municipalities to provide the guidance and services required to 15
ensure a full range of correctional and community correction options for the 16
state as a whole; and 17
(6) In consultation with the Evidence -based Practices and 18
Quality Assurance Unit, develop a system for evaluating and promoting a 19
probation officer and a community supervision officer based on dimensions 20
that include without limitation the probation officer's or community service 21
officer's ability to: 22
(A) Accurately complete risk and needs assessments; 23
(B) Develop evidence -based supervision case plans based on 24
the results of the risk and needs assessment; and 25
(C) Engage and motivate a person to participate in the 26
rehabilitation-oriented case plan and change his or her behaviors . 27
28
SECTION 7. Arkansas Code § 12 -27-127(a), concerning the transfer of an 29
inmate to the Division of Community Correction, is amended to add an 30
additional subdivision to read as follows: 31
(3) When the committing court designates that a statutorily 32
eligible inmate may not be administratively transferred to the Division of 33
Community Correction, the committing court shall include in the sentencing 34
order under subdivision (a)(2) of this section a written explanation of how 35
the committing court determined that the inmate should not be 36 SB485
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administratively transferred. 1
2
SECTION 8. Arkansas Code § 12 -29-112, concerning the discharge or 3
release of an inmate from a state facility, is amended to add additional 4
subsections to read as follows: 5
(f) To the extent that an inmate is engaging in prosocial activities 6
while incarcerated, the inmate’s reentry plan shall prioritize the 7
continuation of those activities, including without limitation continued 8
employment and continued participation in mental health treatment or 9
substance abuse treatment, or both. 10
(g) As used in this section, "prosocial" means positive behaviors, 11
activities, efforts, and attitudes that, according to current research, 12
encourage an individual to adhere to societal norms and avoid criminal 13
behavior. 14
15
SECTION 9. Arkansas Code § 16 -10-103, concerning the training and 16
education of court personnel, is amended to add an additional subsection to 17
read as follows: 18
(c) The Administrative Office of the Courts shall consult with the 19
Department of Corrections to develop training and judicial education on the 20
use of evidence-based practices to reduce recidivism, including without 21
limitation the use of risk and needs assessment tools. 22
23
SECTION 10. Arkansas Code § 16 -13-703(c)(2), concerning imprisonment 24
credit for a period of imprisonment for nonpayment of a fine, is amended to 25
read as follows: 26
(2)(A) The period of imprisonment shall not exceed one (1) day 27
for each forty dollars ($40.00) one hundred dollars ($100) of the fine, 28
thirty (30) days if the fine was imposed upon conviction of a misdemeanor, or 29
one (1) year if the fine was imposed upon conviction of a felony, whichever 30
is the shorter period. 31
(B)(i) The For a defendant who was eligible to be 32
represented by a public defender, the total amount of fines owed shall not 33
automatically be reduced by the period of imprisonment , but the court may 34
with credit forty dollars ($40.00) of one hundred dollars ($100) for each day 35
of imprisonment against the total fine, excluding any amount owed for 36 SB485
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restitution, the defendant has been sentenced to pay. 1
(ii) A defendant who was not eligible to be 2
represented by a public defender may petition the court for the relief 3
provided under subdivision (c)(2)(B)(i) of this section. 4
5
SECTION 11. Arkansas Code § 16 -90-102, concerning presentence officers 6
appointed by the judicial district to prepare presentence reports, is amended 7
to add an additional subsection to read as follows: 8
(d) Notwithstanding subsections (a) through (c) of this section and 9
subject to funding by the General Assembly, the Administrative Office of the 10
Courts shall develop a new pilot program to expand the number of presentence 11
officers dedicated to preparing presentence reports with a validated risk and 12
needs assessment component. 13
14
SECTION 12. Arkansas Code § 16 -90-802(d)(1), concerning the powers and 15
duties of the Arkansas Sentencing Commission, is amended to read as follows: 16
(1)(A) The commission shall adopt an initial sentencing 17
standards grid and an offense seriousness reference table based upon the 18
statutory parameters and additional data and information gathered before 19
January 1, 1994. 20
(B) The commission shall also set : 21
(i) the The percentage of time within parameters set 22
by law to be served for offenses at each seriousness level before any type of 23
transfer or release; and 24
(ii) Guidelines for presumptive periods of 25
suspension or probation; 26
27
SECTION 13. Arkansas Code § 16 -90-802(d)(11), concerning the powers 28
and duties of the Arkansas Sentencing Commission, is amended to read as 29
follows: 30
(11) Coordinate with the Director of the Arkansas Sentencing 31
Commission, the Division of Correction, and the Division of Community 32
Correction to develop policy to ensure that the intake process best utilizes 33
maximizes the use of beds in nontraditional correctional facilities, 34
including without limitation community correction centers, work release 35
centers, and reentry facilities; and 36 SB485
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1
SECTION 14. Arkansas Code § 16 -90-1304 is amended to read as follows: 2
16-90-1304. Application. 3
(a) When a person has A person shall be eligible for consideration of 4
discharge of his or her sentence under this subchapter when he or she has: 5
(1) Reduced his or her original risk of recidivism as determined 6
by his or her risk score on the validated risk and needs assessment conducted 7
by the Department of Corrections; or 8
(2) accumulated Accumulated enough days, through a combination 9
of served and earned time equal to the total number of days of the sentence 10
imposed by the sentencing court , he or she shall be eligible for 11
consideration of discharge of his or her sentence under this subchapter . 12
(b)(1) No less If the Division of Community Correction proposes to 13
discharge a person's sentence under this subchapter, no fewer than forty-five 14
(45) days before the discharge date, the Division of Community Correction 15
division shall submit notice to: 16
(A) The prosecuting attorney; and 17
(B) The Post-Prison Transfer Board. 18
(2) Within thirty (30) days of receipt of the earned discharge 19
notice under subdivision (b)(1) of this section , the prosecuting attorney or 20
the board may submit to the division in writing any reasonable file a 21
petition for review in the sentencing court based on a public safety -related 22
objection to early discharge under this subchapter warranting the forfeiture 23
of earned-discharge credit. 24
(3) If an objection a petition for review under subdivision 25
(b)(2) of this section is lodged is filed, the division shall immediately 26
suspend the discharge of the sentence. 27
(4) The parolee or probationer may file a petition for review in 28
the sentencing court. 29
(5)(4) A review shall be conducted in the sentencing court 30
within fourteen (14) days of the filing of the petition. 31
(6)(5)(A) The sentencing court shall consider the public safety-32
related objections against the person based solely on the information 33
contained in the petition. 34
(B) The sentencing court shall determine, based on a 35
preponderance of the evidence, whether the person should not be discharged 36 SB485
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from the sentence because, if the information contained in the petition had 1
been known to the division, the division would have ordered the forfeiture of 2
any of the discharge credit earned to that point or if insufficient evidence 3
exists that would warrant the forfeiture of discharge credit. 4
(C) If the sentencing court finds sufficient evidence 5
warranting a forfeiture of discharge credits, the division shall make the 6
necessary forfeiture of earned discharge credit appropriate for the type of 7
misconduct asserted in the objection. 8
(D)(i) If the sentencing court does not find sufficient 9
evidence exists that warrants forfeiture of discharge credits, the division 10
shall discharge the person immediately if the date upon which the completion 11
of the sentence occurred has passed. 12
(ii) If the date for completion of the sentence has 13
not occurred, the person shall return to the status held at the point the 14
objection was filed. 15
(c) If the prosecuting attorney or the board does not file an 16
objection, upon the filing of a petition in the sentencing court by the 17
parolee or probationer stating that no objections have been filed, the court 18
may shall discharge the person immediately if the date upon which the 19
completion of the sentence has passed. 20
(d) An appeal may not be taken by either party from the sentencing 21
court's findings or the division's decision for early discharge. 22
23
SECTION 15. Arkansas Code § 16 -93-101, concerning definitions with 24
respect to probation and parole, is amended to add additional subdivisions to 25
read as follows: 26
(16) "Criminogenic" means factors, identified through current 27
criminological research, that are known to contribute to criminal behavior; 28
and 29
(17) "Prosocial" means positive behaviors, activities, efforts, 30
and attitudes that, according to current research, encourage an individual to 31
adhere to societal norms and avoid criminal behavior. 32
33
SECTION 16. Arkansas Code § 16 -93-306(c), concerning probation 34
supervision generally, is amended to read as follows: 35
(c)(1) The Division of Community Correction shall allocate resources, 36 SB485
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including the assignment of probation officers, to focus on moderate -risk and 1
high-risk offenders as determined by the actuarial assessment provided in 2
subdivision (b)(6) of this section. 3
(2) The Division of Community Correction shall require public 4
and private treatment and service providers that receive state funds for the 5
treatment of or service for probationers to use evidence -based programs and 6
practices. 7
(3) The Department of Corrections shall: 8
(A) Develop a process for annually evaluating each 9
provider under subdivision (c)(2) of this section; 10
(B) Establish a clear policy disqualifying a noncompliant 11
provider from receiving public funds until the provider demonstrates the 12
ability to comply; and 13
(C) Provide an annual report to the Legislative Council 14
regarding the results of annual evaluations and each noncompliant provider. 15
(4) The Division of Community Correction shall develop a system 16
for evaluating and promoting a probation officer and a community supervision 17
officer based on dimensions that include without limitation the: 18
(A) Probation officer's or community supervision officer's 19
ability to engage and motivate a probationer to participate in a supervision 20
plan; 21
(B) Probation officer's or community supervision officer's 22
competency in the use of risk and needs assessment tools; and 23
(C) Quality of the probation officer's or community 24
service officer's case plans. 25
(5) The Division of Community Correction shall develop a 26
feedback system that routinely provides the Division of Community Correction 27
with process and aggregated outcome data. 28
29
SECTION 17. Arkansas Code § 16 -93-306(d)(2), concerning 30
administrative sanctions while on probation supervision, is amended to read 31
as follows: 32
(2)(A) The Division of Community Correction shall develop an 33
intermediate sanctions procedure and grid to guide a probation officer in 34
determining the appropriate response to prosocial behavior or a violation of 35
conditions of supervision. 36 SB485
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(B) Intermediate sanctions Sanctions administered by the 1
Division of Community Correction are required to conform to the incentives 2
and sanctioning grid. 3
(C) The intermediate incentives and sanctioning grid shall 4
include: 5
(i) An assignment of point values , graduated by risk 6
levels, to commonly occurring violations of terms of probation or criminal 7
behavior; 8
(ii) An assignment of point values to and suitable 9
rewards for behaviors that demonstrate prosocial effort or decrease the 10
likelihood of recidivism, including without limitation: 11
(a) Education; 12
(b) Workforce development; 13
(c) Community service; and 14
(d) Behavioral health programming; and 15
(e) Any prosocial activity; 16
(iii) Details on the mechanisms by which points are 17
accumulated and reduced; and 18
(iv) Guidance on which intermediate sanctions should 19
be applied at which point thresholds ; 20
(v) Rewards that are attainable and meaningful at 21
each risk level to motivate individuals throughout stages of supervision, 22
including without limitation achieving individualized goals, milestones, and 23
accomplishments; and 24
(vi) Guidance on the appropriate motivational ratio 25
of rewards to sanctions . 26
27
SECTION 18. Arkansas Code § 16 -93-712(a), concerning parole 28
supervision, is amended to read as follows: 29
(a)(1) The Post-Prison Transfer Board shall establish written policies 30
and procedures governing the supervision of parolees designed to enhance 31
public safety and to assist the parolees in reintegrating into society. 32
(2)(A) The supervision of parolees shall be based on evidence -33
based practices based on current research , including a validated risk -needs 34
assessment. 35
(B) Decisions shall target the parolee's criminal risk 36 SB485
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factors with appropriate supervision and treatment designed to reduce the 1
likelihood of reoffense. 2
(C) Conditions of supervision shall be the least 3
restrictive conditions necessary for rehabilitation and public safety and 4
narrowly tailored to the criminogenic risks and needs of the individual 5
parolee. 6
7
SECTION 19. Arkansas Code § 16 -93-712(c), concerning the services 8
provided to people under parole supervision, is amended to add an additional 9
subdivision to read as follows: 10
(3) The Department of Corrections shall: 11
(A) Develop a process for annually evaluating each 12
provider under subdivision (c)(2) of this section; 13
(B) Establish a clear policy disqualifying a noncompliant 14
provider from receiving public funds until the provider demonstrates the 15
ability to comply; and 16
(C) Provide an annual report to the Legislative Council 17
regarding the results of annual evaluations and each noncompliant provider. 18
19
SECTION 20. Arkansas Code § 16 -93-712(d)(2), concerning administrative 20
sanctions while on parole, is amended to read as follows: 21
(2)(A)(i) The Division of Community Correction shall develop an 22
intermediate incentives and sanctions procedure and grid to guide a community 23
supervision officer in determining the appropriate response to prosocial 24
behaviors or a violation of conditions of supervision. 25
(ii) The intermediate incentives and sanctions 26
procedure shall include a requirement that the community supervision officer 27
consider multiple factors when determining the sanction to be imposed, 28
including risk level, previous violations and sanctions , and the severity of 29
the current and prior violation. 30
(B) Intermediate Incentives and sanctions administered by 31
the Division of Community Correction are required to conform to the 32
incentives and sanctioning grid. 33
(C) The intermediate incentives and sanctioning grid shall 34
include: 35
(i) An assignment of point values to commonly 36 SB485
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occurring violations of terms of parole or criminal behavior; 1
(ii) An assignment of point values to and suitable 2
rewards for behaviors that demonstrate prosocial effort or decrease the 3
likelihood of recidivism, including without limitation: 4
(a) Education; 5
(b) Workforce development; 6
(c) Community service; and 7
(d) Behavioral health programming; and 8
(e) Any prosocial accomplishment; 9
(iii) Details on the mechanisms by which points are 10
accumulated and reduced; and 11
(iv) Guidance on which intermediate sanctions should 12
be applied at which point thresholds ; 13
(v) Rewards that are attainable and meaningful at 14
each risk level to motivate individuals throughout the stages of supervision, 15
including achieving individualized goals, milestones, and accomplishments; 16
and 17
(vi) Guidance on the appropriate motivational ratio 18
of rewards to sanctions . 19
20
SECTION 21. Arkansas Code § 16 -93-1202(6), concerning the definition 21
of "eligibility" or "eligible offender" with respect to community correction, 22
is amended to read as follows: 23
(6) “Eligibility” or “eligible offender” means any person 24
convicted of a felony who is by law eligible for such sentence or who is 25
otherwise under the supervision of the Division of Community Correction and 26
who: 27
(A) who falls Falls within the population targeted by the 28
General Assembly for inclusion in community correction facilities ; 29
(B) and who has Has not been subject to a disciplinary 30
violation for a violent act or for sexual misconduct while in the custody of 31
a jail or correctional facility ; and 32
(C) does Does not have a current or previous conviction 33
for a violent or sexual offense listed under subdivision (10)(A)(ii) of this 34
section unless the previous conviction: 35
(i) Was more than five (5) years before the instant 36 SB485
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offense; and 1
(ii) Resulted in a sentence that has expired ; 2
3
SECTION 22. Arkansas Code § 16 -93-1906(a)(3), concerning post -release 4
supervision, is amended to add an additional subdivision to read as follows: 5
(C) Conditions of post -release supervision shall be: 6
(i) The least restrictive conditions necessary for 7
rehabilitation and public safety; and 8
(ii) Narrowly tailored to the criminogenic risks and 9
needs of the offender. 10
11
SECTION 23. Arkansas Code § 16 -93-1906(c), concerning the services 12
provided people who are under post -release supervision, is amended to add an 13
additional subdivision to read as follows: 14
(3) The Department of Corrections shall: 15
(A) Develop a process for annually evaluating each 16
provider under subdivision (c)(2) of this section; 17
(B) Establish a clear policy disqualifying a noncompliant 18
provider from receiving public funds until the provider demonstrates the 19
ability to comply; and 20
(C) Provide an annual report to the Legislative Council 21
regarding the results of annual evaluations and each noncompliant provider. 22
23
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32
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